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Monday, November 25, 2013

Armstrong v. Francis Corp. case brief

Armstrong v. Francis Corp. case brief summary
120 A.2d 4 (N.J. 1956)

CASE SYNOPSIS

Defendant appealed a judgment in
plaintiffs' favor which ordered it to build a pipe line to alleviate
water damage on adjoining landowners' property, in the Superior
Court, Chancery Division (New Jersey).

CASE FACTSDefendant development company built a
subdivision on a tract of land on which a natural stream existed.
Defendant constructed a drainage system that increased flow to the
stream which intersected plaintiffs' properties. The increased flow
caused substantial erosion and threatened the septic system on
plaintiffs' land. The lower court ordered defendant to build a
pipeline to remedy the harmful effects of the overflow.

DISCUSSION

The court
determined the reasonable use rule applied to resolve whether
defendant incurred liability for harmful interference with the flow
of surface waters.

The court found the issue of reasonable use to be
a factual question.

The court indicated weighing utility of the
possessor's land use with gravity of resulting harm is a proper
consideration.

The court found the findings below amply supported by
competent evidence.

Therefore, the judgment was affirmed.

CONCLUSION
The court affirmed judgment in plaintiffs' favor because under the
reasonable use rule, the factual findings below amply supported
determination that defendant should pay the costs for harmful effect
of interference with flow of stream.Recommended Supplements and Study Aids for Property Law

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